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Determining The Self Through The ICJ'S Advisory Jurisdiction: Procedures And Principles

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Chapter Summary

This chapter presents an overview of the nature of the International Court of Justice's advisory jurisdiction. It also presents a summary of the interrelationship between self-determination, decolonisation and territory. The Court's consciousness of its 'duty-to-cooperate' in the UN system has meant that advisory opinions have become an important way for UN organs, particularly the General Assembly, to seek the Court's assistance and expertise in resolving matters of concern. The Court has developed jurisprudence on self-determination in its contentious, and particularly its advisory, capacity. The quest for stability through colonial legacies has resulted in an approach to self-determination limited and limiting to those wishing to achieve postcolonial personality.

Keywords: International Court of Justice's advisory jurisdiction; jurisprudence; postcolonial personality; self-determination

10.1163/ej.9789004174634.i-308.47
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